Insight

QUI TAM PRACTICE UNDER THE FEDERAL FALSE CLAIMS ACT

What, exactly, is a qui tam action?

Zachary A. Kitts

Zachary A. Kitts

August 14, 2023 12:59 PM

QUI TAM PRACTICE UNDER THE FEDERAL FALSE CLAIMS ACT

ZACHARY KITTS

K&G LAW GROUP, PLLC

The federal False Claims Act is the single most important tool used to deter fraud on the federal government. In general terms, the FCA makes seven types of broadly-defined misconduct in relation to federal funds illegal and imposes treble damages and civil penalties against any "person" breaking the law. The real power of the statute, however, lies in its unique qui tam provision which empowers private individuals with knowledge of fraud on the government to hire private counsel and sue in their own name as well as on behalf of the United States. Such individuals are entitled to receive an award of between 15% and 30% of the government’s recovery as well as attorney's fees, costs and expenses.

The term qui tam comes from the Latin phrase "he who sues on behalf of the King, as well as for himself.” In other words, the FCA is no mere fraud hotline to report unethical behavior – the FCA gives any person the right to file a full-blown federal lawsuit on behalf of the United States. Because qui tam relators (or whistleblowers as they are sometimes called) bring claims on behalf of the United States in court, they must be represented by licensed counsel.

In all cases, the interests of qui tam whistleblower are represented by private counsel, while the interests of the United States are represented by the United States Department of Justice. By creating incentives for individuals with first-hand information to hire private counsel and litigate cases in conjunction with federal prosecutors, the statute creates a true public-private partnership between industry insiders with knowledge of fraud, private practice lawyers specializing qui tam litigation, and federal prosecutors. This public-private partnership has been an unparalleled success. The Department of Justice has collected billions of dollars in FCA prosecutions, and qui tam whistleblowers have been paid hundreds of millions of dollars for their efforts.

Such recoveries are by no means easy or quick. In addition to understanding the complex needs of modern government and the commercial entities servicing those needs, qui tam litigation has a number of unusual requirements not found in other types of federal civil litigation. Those requirements – many of which are jurisdictional – include a pre-filing disclosure memorandum, a heightened pleading standard for the Complaint, and a number of unusual procedural hurdles such as filing the Complaint under seal. And, of course, working with the Department of Justice has its own nuances that must be successfully navigated.

The success of the federal FCA has caused state governments to take an interest, and to date 30 state governments and the District of Columbia have enacted some form of FCA-style statute. In addition to the obvious uses of such statutes – most prominently, the Medicaid program is funded at least in part by all states, and the federal FCA can only be used to recover federal money – states have their own unique areas of FCA practice, such as state qui tam actions to recover unclaimed property illegally withheld from the states by banks, credit unions, insurance companies, and so forth.

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

How Client Testimonials Fuel Client Acquisition for Law Firms


by Nancy Lippincott

Learn how client testimonials boost client acquisition for law firms. Enhance credibility, engage clients and stand out in a competitive legal market.

Woman holding blurb of online reviews

Critical Period


by Maryne Gouhier and Armelle Royer

How the green-energy raw materials chase is rewriting geopolitics

Overhead shot of mineral extraction plant

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf